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On August 2, 2016, a Manhattan Supreme Court Judge dismissed what she said "were plainly disagreements" over trial strategy from a legal malpractice lawsuit claiming over $155,000,000 in damages. Those "trial strategy" claims were dismissed based on the "error in judgment" defense applicable to all professional malpractice claims.
Law firm defending legal malpractice suit for not pursuing a medical malpractice claim against a NYC hospital in 1999 is not entitled to a pretrial hearing to determine whether the client's alleged mental incompetency since the medical malpractice entitled him to a toll of the statute of limitations as would have allowed a timely claim against the City hospital in 1999 when the defendant was retained.
Appellate Court (once again) holds that the violation of a disciplinary rule by an attorney, such as a conflict of interest, without evidence that the violation caused monetary damage to the plaintiff, is not enough to support a legal malpractice lawsuit.
This is a saga of a shipwreck two decades adrift in our legal system with multiple appearances before the Trial and Appellate Courts. The plaintiff, Lindenman retained the defendant attorney to pursue an action against a Yacht Club for what he described as "horrific brain injuries resulting from ...
There is a well settled general rule that permits a client to sue their lawyer for an inadequate settlement when it is claimed that the settlement "was effectively compelled by the mistakes of counsel". Under these circumstances it can be argued that the attorney was more interested in making a q...
The defendant attorney admittedly failed to timely commence an action against a nursing home on behalf of the Estate of a woman who died due to complications from a bedsore, infection and sepsis. The defendant attorney defaulted or failed to file an answer to the legal malpractice complaint. (Not...
This is a rare decision from a trial level court involving some of the most serious allegations of intentional wrongdoing by an attorney. Remarkably, the defendant attorney Bahrenberg had been a close friend and attorney of the owners of the corporate plaintiffs for over 20 years. The Oikonomos c...
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